Monteverde v. Delta International Machinery Corp.

Appellate Division of the Supreme Court of New York

Monteverde v. Delta International Machinery Corp.

215 A.D.2d 240, 626 N.Y.S.2d 187, 1995 N.Y. App. Div. LEXIS 5191

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 16, 1995

StatusPublished

Cited by3 cases

This text of 215 A.D.2d 240 (Monteverde v. Delta International Machinery Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Monteverde v. Delta International Machinery Corp., 215 A.D.2d 240, 626 N.Y.S.2d 187, 1995 N.Y. App. Div. LEXIS 5191 (N.Y. Ct. App. 1995).

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Opinion

Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about May 31, 1994, which granted defendant-respondent’s motion to dismiss the action as against it as barred by the Workers’ Compensation Law, unanimously affirmed, without costs.

Notwithstanding that it was defendant-respondent, not plaintiff, who signed the application for workers’ compensation benefits, plaintiff’s acceptance of such benefits in an amount in excess of $50,000 after the Workers’ Compensation Board determined that he was defendant’s employee at the time of the accident estops him from now claiming he was not defendant’s employee (see, Zabava v 178 E. 78, 212 AD2d 406). Concur—Rosenberger, J. P., Wallach, Rubin, Kupferman and Asch, JJ.

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Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about May 31, 1994, which granted defendant-respondent’s motion to dismiss the action as against it as barred by the Workers’ Compensation Law, unanimously affirmed, without costs.

Notwithstanding that it was defendant-respondent, not plaintiff, who signed the application for workers’ compensation benefits, plaintiff’s acceptance of such benefits in an amount in excess of $50,000 after the Workers’ Compensation Board determined that he was defendant’s employee at the time of the accident estops him from now claiming he was not defendant’s employee (see, Zabava v 178 E. 78, 212 AD2d 406). Concur—Rosenberger, J. P., Wallach, Rubin, Kupferman and Asch, JJ.

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Bluebook (online)

215 A.D.2d 240, 626 N.Y.S.2d 187, 1995 N.Y. App. Div. LEXIS 5191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monteverde-v-delta-international-machinery-corp-nyappdiv-1995.

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